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Federalism and Local Politics in Russia

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288 Cameron RossElections of chairs of councils <strong>and</strong> heads of municipalitiesThe 2003 Law cont<strong>in</strong>ues the practice (first established <strong>in</strong> the 1995 Law) ofallow<strong>in</strong>g heads of municipalities (<strong>in</strong> municipal districts <strong>and</strong> city okrugs) to be<strong>in</strong>directly elected from members of their local assemblies, or directly electedby their citizens. It also calls for a separation of executive <strong>and</strong> legislativepowers. No longer will the chair of a council be allowed to hold the additionalpost of head of municipality. This means <strong>in</strong> effect that there are will betwo heads of municipalities: the chair of the council (who may be <strong>in</strong>directlyor directly elected) <strong>and</strong> an ‘executive manager’, to be hired by a specialselection committee. Accord<strong>in</strong>g to the orig<strong>in</strong>al provisions of the 2003 Law,one third of the members of the panels charged with appo<strong>in</strong>t<strong>in</strong>g the newexecutive managers were to be chosen by regional adm<strong>in</strong>istrations (Article37.5) <strong>and</strong> the others by the local councils. However, <strong>in</strong> an amendmentadopted <strong>in</strong> April 2005, the percentage of representatives from regionaladm<strong>in</strong>istrations was raised to 50 per cent, thereby significantly enhanc<strong>in</strong>gregional control over the appo<strong>in</strong>tment process. This new dual system has thepotential to generate conflict between heads of the local councils <strong>and</strong>appo<strong>in</strong>ted managers, especially <strong>in</strong> cities where the latter are nom<strong>in</strong>ees ofregional governors.There have been numerous compla<strong>in</strong>ts by local politicians <strong>and</strong> officials ofpressure be<strong>in</strong>g put on them to adopt the <strong>in</strong>direct method of elect<strong>in</strong>g theircouncil heads. Accord<strong>in</strong>g to the M<strong>in</strong>istry of Regional Development, by July2005, thirty-six of <strong>Russia</strong>’s federal subjects (e.g. Vladimir, Voronezh, Tver',Ul'yanovsk, Sverdlovsk <strong>and</strong> Chelyab<strong>in</strong>sk) had changed to this system.However, <strong>in</strong> numerous municipalities (e.g. <strong>in</strong> Kaluga, Kostroma, Perm,Vladimir <strong>and</strong> Len<strong>in</strong>grad oblasts) citizens have appealed to the local courts tohave direct elections re<strong>in</strong>stated. Thus, for example, <strong>in</strong> January 2005 deputiesof the City Assembly of Obn<strong>in</strong>sk (Kaluga Region) adopted a decision tocancel the direct election of the city mayor. This was despite the fact that adecision on the <strong>in</strong>troduction of direct elections had already been decided bya local referendum <strong>in</strong> 1995. The City Court on 8 February 2005 declaredthat the cancellation of direct elections was illegal; however, the KalugaRegional Court on 14 March revoked the decision of the City Court. 15 It isclear that the <strong>in</strong>direct method is preferred because it is much more open tomanipulation <strong>and</strong> control from the regional authorities than popular elections.It is much easier for regional executives to ga<strong>in</strong> control over localcouncils than to control local electorates.Type of electoral systemRegions are free to determ<strong>in</strong>e their own electoral system for municipalcouncil elections. However, <strong>in</strong> 2005 the Central Electoral Commission produceda Draft Model Law which proposed that <strong>in</strong> the future all municipalelections should adopt a mixed electoral system with a high level of

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